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DENR AO - 1996-37 Revising DENR Administrative Order No. 21, Series of 1992, To Further Strengthen The Implementation of The Environmental Impact Statement (EIS) System PDF
DENR AO - 1996-37 Revising DENR Administrative Order No. 21, Series of 1992, To Further Strengthen The Implementation of The Environmental Impact Statement (EIS) System PDF
No. 96-37
December 02, 1996
ARTICLE I
453
Sec. 2 Objectives
454
d. EMB - the Environmental Management Bureau of the DENR.
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i. Environmental Guarantee Fund (EGF) - a fund that
proponents required or opting to submit an EIS shall commit to
establish when an ECC is issued by the DENR for projects or
undertakings determined by the latter to pose significant public
risk to answer for damage to life, health, property, and the
environment caused by such risk, or requiring rehabilitation or
restoration measures.
456
project or undertaking, including the environmental impacts of
the project and the appropriate mitigating and enhancement
measures.
457
s. Multipartite Monitoring Team (MMT) - a multi-sectoral
team covered for the primary purpose of monitoring compliance
by the proponent with the ECC, the EMP and applicable laws,
rules and regulations.
458
aa. Scoping - the stage in the EIS System where information and
assessment requirements are established to provide the
proponent with the scope of work for the EIS.
ARTICLE II
SCOPE OF THE EIS SYSTEM
459
4. Smelting plants
a. Logging
b. Major wood processing projects
c. Introduction of fauna (exotic animals) in
public/private forest
d. forest occupancy
e. Extraction of mangrove products
f. Grazing
3. Fishery projects
1. Major dams
2. Major power plants (fossil-fueled, nuclear
fueled, hydro-electric, or geothermal)
3. Major reclamation projects
4. Major roads and bridges
460
ii. Areas set aside as aesthetic potential tourist spots
461
1. with primary pristine and dense young growth
462
b. ECPs or projects within ECAs which were operational prior to
1982 except in cases where their operations are expanded in
terms of daily production capacity or area, or the process is
modified;
463
RED may, however, require the proponent to provide additional
environmental safeguards for its project or undertaking.
ARTICLE III
PROCEDURAL FLOW OF THE EIS SYSTEM
464
f. determine and agree on the process of dealing with issues
relating to social acceptability.
465
Sec. 7.0 Submission of EIS
b. Scoping Report;
466
c. Baseline Environmental Conditions for land, water, air, and
people;
467
l. For projects or undertakings with significant impact on
population, a specific chapter on the socio-economic impact
assessment shall be devoted to a discussion of the relationship
among population, development, and the environment.
468
Sec. 13.0 EIARC Report
b. key issues/concerns;
469
and environmental cost implications relative to the judicious utilization,
development and conservation of the country’s natural resources.
In the event that an ECC is issued, the Secretary shall cause the
transmittal of the EIS, all pertinent records and documents, and the
ECC to the EMB within 10 days from the date of such issuance. The
offices of the concerned Regional Executive Director, PENRO,
CENRO, the Municipal/City Mayor and the proponent shall also be
furnished a copy of the ECC within the same period.
The proponent shall submit at least ten (10) legible copies of the
IEE and a complete electronic file in computer diskettes to the EMPAS
for review. The EMPAS may require the proponent to submit
additional copies as necessary.
470
Sec. 19.0 Contents of the IEE
471
i. Accountability Statements of the preparer and the proponent.
472
a. the environmental impacts and corresponding costed mitigation
and enhancement measures of the project or undertaking;
b. key issues/concerns;
473
scoping purposes or not. If the RED finds that scoping is still
necessary, the procedure outlined in Sections 1 to 6, Article III (A)
shall be followed. Provided, however, that the responsibilities of the
EMB and the EIARC shall be assumed by the EMPAS and the
Regional EIARC, respectively. The RED’s decision to forego scoping
shall not preclude the proponent from voluntarily undergoing scoping.
474
documentation report in the validation of the EIS. The Regional EIARC
shall endeavor to complete the substantive review of the EIS within 60
days from receipt thereof.
b. key issues/concerns;
475
environmental cost implications relative to the judicious utilization,
development, and conservation of the country’s natural resources.
476
Sec. 33,0 Coordination of EMB and Regional Office
on EIS of Projects within ECAs
ARTICLE IV
c. resolution of conflicts;
477
Sec. 2.0 Public Information
478
a. the magnitude of the project is such that a great number of
people are affected;
479
c. skilled in effective dispute or conflict resolution; and
480
of compliance with the ECC conditions, the EMP and
applicable laws, rules and regulations.
481
ARTICLE V
482
Sec. 5.0 Presumption of Public Risk
ARTICLE VI
ADMINISTRATIVE APPEALS
483
Sec. 2.0 Grounds for Appeal
ARTICLE VII
484
d. be jointly and solidarily responsible with the preparer for the
veracity of the latter’s representations;
485
e. exercise supervision over the administration of the EIS System
including establishing a system of review that is objective,
efficient and transparent;
486
d. administer EIA training systems and programs;
487
b. advise proponents on existing administrative and procedural
guidelines of the EIS System;
488
Sec. 6.0 The EIARC/Regional EIARC
489
c. facilitate information dissemination of process documentation
relative to projects and undertakings within its jurisdiction; and
e. represent the DENR in the MMT that may be formed upon the
issuance of ECCs in specific cases;
490
ARTICLE VIII
SCHEDULE OF FEES
ARTICLE IX
491
b. the provision of law or rules and regulations, ECC conditions,
or EMP provisions violated;
The EMB Director or the RED may issue a Cease and Desist
Order ( CDO) in order to prevent grave or irreparable damage t the
492
environment. Such CDO shall be effective immediately. An appeal or
any motion seeking to lift the CDO shall not stay its effectivity.
493
punished by the suspension or cancellation of the ECC and/or a
fine in an amount not to exceed P50,000.00 for every
misrepresentation. The proponent and the preparer responsible
for the misrepresentation shall be solidarily liable for the
payment of the fine, without prejudice to the withdrawal of
accreditation of the preparers involved.
494
Series of 1993, shall ensure the implementation of the Government’s
policy of accessibility and transparency at every phase of the EIS
process.
ARTICLE X
TRANSITORY PROVISIONS
ARTICLE XI
EFFECTIVITY
495
ARTICLE XII
REPEALING CLAUSE
This Order supersedes Department Administrative Order NO.
21, Series of 1992.
VICTOR O. RAMOS
Secretary
496